SCHEDULES
SCHEDULE 6Community electricity right regulations
PART 1The right to buy
Buying a stake
I111
1
Right to buy regulations must make provision about the procedure for exercising the right to buy in relation to a qualifying facility (the “purchase procedure”).
2
The purchase procedure must identify what stake or stakes—
a
the individuals resident in the community, and
b
the groups connected with the community,
may buy through the right to buy.
3
The regulations may require the designated promoter or facility operator to conduct the purchase procedure.
4
The purchase procedure must identify the period of time during which stakes in a qualifying facility may be applied for (the “application period”).
5
The purchase procedure must secure that the application period does not begin until after planning consent has been given for the development of the qualifying facility.
6
Here “planning consent” means whichever of the following is, or are, needed for that facility to be developed—
a
development consent under the Planning Act 2008;
b
planning permission under Part 3 of the Town and Country Planning Act 1990;
c
a marine licence under the Marine and Coastal Access Act 2009;
d
consent of the Scottish Ministers under section 36 of the Electricity Act 1989;
e
planning permission under the Town and Country Planning (Scotland) Act 1997;
f
a marine licence under Part 4 of the Marine (Scotland) Act 2010.